Welcome to Coffee Karma!! and thank you for visiting our services!
When you use our services, you're agreeing to our terms. So please take a few minutes to read over the below mentioned Terms and Conditions before using our Website or Mobile Apps available on Google Play and Apple Store (collectively “Platform”).
IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THIS PLATFORM IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS PLATFORM OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.
These Terms and Conditions of Service and Use are hereby made effective or “we” or “us” or “our “or “Company”), and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of Coffee Karma, hereby amend and restate any such prior terms and conditions.
In consideration of each member or user’s (each, a “member” or “you “) access to and use of the Platform, we require every members and user to act with integrity, to our rules for the Platform, and to abide by these Terms and Conditions and each other rule, regulation or other policy of appsbyday.com.
By clicking “I AGREE” and/or simply by using or accessing our services and this Platform, you hereby agree,
(a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof,
(b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of Coffee Karma, as each may be amended or supplemented from time to time in our sole discretion without notice, and
(c) that your use of our digital services and our Platform shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Platform. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing our services.
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Platform, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, data, and the look and feel, design and organization of the Platform, and all materials and content related to our programs even if the materials or content are not accessed through the Platform. Your use of the Platform does not grant to you ownership of any content, software, code, data or materials you may access on the Platform.
You must be thirteen (13) years of age or over to access the mobile application. If you are under the age of 13 years, you must immediately cease accessing and using the mobile application unless you have permission from a parent or guardian.
Your continued use of the application is an acknowledgement by you that: (a) you are over the age of thirteen (13) years, or have obtained the relevant permission from a parent or guardian;
Users must not use the Coffee Karma Platform for illegal, unlawful or prohibited purposes. This includes sending or posting junk e-mail or spam, publishing misleading, defamatory, indecent, obscene or advertising material, or send viruses and worms.
Users must not impersonate any other person or entity or to use a false name or a name that they have no authority to use.
Users must not post material to the Coffee Karma Platform in which the copyright or intellectual property is or may be the property of another person or body.
The merchant agrees that it does and will continue to comply with all applicable laws and regulations including, without limitation in relation to health and safety, VAT, tax, data protection and food standards, hygiene and information, and will provide reasonable evidence to Coffee Karma of such compliance if so required.
• The merchant agrees that we have the right to inspect their premises in order for us to be satisfied of the compliance with these clauses.
• You agree to receive, process and deliver / make available the customers’ orders placed via Coffee Karma.
• It is the responsibility of the merchant to ensure that orders collected are given to the correct customer. Coffee Karma shall not be held liable for any errors in delivery or collection.
• Any refund or price reduction given by the merchant to the customer shall not affect the charges made by Coffee Karma to the merchant in relation to the original order.
• You agree not to offer discounts or offers that are not also available on our Platform.
• Coffee Karma reserves the right to make an administration charge for any changes that are requested by you the merchant.
• Coffee Karma shall be entitled to assign all or any of its rights and obligations under this Agreement to any third party.
• The merchant fully indemnifies Coffee Karma against any losses, damages or claims (and all related costs) made against Coffee Karma by a customer or any third party in connection with the merchants failure to deliver or the imperfect delivery of a Coffee Karma order or the merchants failure to comply with this Agreement and/or any applicable laws, rules and regulations in force at the relevant time.
• Coffee Karma reserves the right to make an administration charge for any changes that are requested by you the merchant.
You may access and view the content on the Platform on your computer or other internet compatible device, and make single copies or prints of the content on the Platform for your personal, non-commercial use only. To the extent you need to download software or documentation to use the products or services on the Platform, we grant you a limited, non-assignable, non-transferable, revocable license to use such materials solely to utilize such products or services. Such license will terminate when you no longer use our services.
You may be required to provide information about yourself in order to register for and/or use certain services (including but not limited to joining our mailing list, Order Coffee from our Platform) You agree that any such information shall be accurate. You may also be asked to provide your name, email address, phone number and address to confirm the purchase.
You aim to accurately represent the information provided to us on or through our Platform. You acknowledge that you are participating voluntarily in using our Platform and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Platform, and you agree to use your own judgment and due diligence before purchasing anything from our Platform.
From our Platform, you can visit other websites by following hyperlinks to such external websites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these websites. These links to other websites do not imply a recommendation for all the content found on these websites. Website owners and content may change without notice and may occur before we have the opportunity to remove a link that may have gone 'bad'.
Please be also aware that when you leave our Platform, other websites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these websites as well as their "Terms of Service" before engaging in any business or uploading any information.
Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE PLATFORM OR ANY PLATFORM OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You agree that You will not use, and will not permit any end user to use, the services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the services; (ii) knowingly or negligently use the services in a way that abuses, interferes with, or disrupts Coffee Karma’s networks, Your accounts, or the services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the services; or (vi) use the services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Coffee Karma or other users of services; (viii) engage in any activity or use the services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the services, or any servers or networks connected to the services or Coffee Karma's security systems. (ix) use the services in violation of any Coffee Karma policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.
You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the Platform or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
(a) THE PLATFORM, INCLUDING BUT NOT LIMITED TO ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE ON THE PLATFORM, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE PLATFORM. IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PLATFORM.
(b) WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE PLATFORM OR ANY VERIFICATION SERVICES DONE ON OUR INSTRUCTORS OR INSTRUCTORS, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY INSTRUCTOR OR INSTRUCTOR OR ANY PARTY THAT APPEARS ON THE PLATFORM. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE PLATFORM.
WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER.
COFFEE KARMA, DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, COFFEE KARMA, DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AVAILABILITY, SERVICE LEVELS, TIMELINESS, AND PERFORMANCE OF THE PLATFORM; COFFEE KARMA, DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES) RELATED TO THE FOLLOWING, AND DOES NOT WARRANT THAT (I) THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE, (III) THAT ANY RESULTS MAY BE OBTAINED FROM YOUR USE OF THE PLATFORM, OR THAT ANY DATA, CONTENT OR INFORMATION ON THE PLATFORM IS, OR WILL BE, VALID, ACCURATE, TIMELY, ADEQUATE, COMPLETE, LEGAL OR OTHERWISE RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED.
COFFEE KARMA, DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE PLATFORM; AND, COFFEE KARMA, DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PLATFORM OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE PLATFORM.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM, AND ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO, IS SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, THAT RESULTS FROM OR ARISES FROM YOUR USE OF THE PLATFORM, OR ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO. YOU HEREBY EXPRESSLY DISCLAIM AND RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, RELATED TO OR ARISING FROM, THE WARRANTIES DISCLAIMED BY COFFEE KARMA, HEREBY.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING INSTRUCTORS AND INSTRUCTORS) (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE PLATFORM, YOUR PROVISION OF INFORMATION VIA THE PLATFORM, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
We may terminate, change, suspend or discontinue any aspect of the Platform or or services at any time. We may restrict, suspend or terminate your access to the services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.
If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us.
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
These Terms and Conditions will be governed by and construed in accordance with Australian laws, and the courts of Australia will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
Any claim, action, lawsuit or proceeding arising out of or related to this Platform and the services and products provided, shall be instituted exclusively in the federal courts of the Australia and the user hereof irrevocably submits to the exclusive jurisdiction of such courts in any claim, action, lawsuit or proceeding, and waives any objection based on improper venue.
Copyright © 2020 Coffee Karma. All rights reserved. All materials presented on this Platform are copyrighted and owned by “Apps By Day Ltd Pty” (accessible at appsbyday.com) or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this Platform is expressly prohibited.
No waiver by us of any breach of any provision of this agreement (including our failure to require strict and literal performance of or compliance with any provision of this agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this agreement.
Nothing in this agreement shall create or confer any rights or other benefits in favor of any third parties not party to this agreement other than with respect to us.
This agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.
We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the Platform and/or the products or services offered on or through the Platform after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
You hereby accept the fact that you have read, understood and are willing to abide by the terms and conditions laid down in this agreement. You further agree that the terms and conditions set out under this agreement are fair, reasonable and just given the matters set out under this agreement and you waive any and all rights to have any claims against us on grounds set out above.
For more information regarding our Terms and Conditions, please contact us at firstname.lastname@example.org